Legal Opinion

Estate of Behrmann

Superior Court of California, County of San Francisco

Decided March 28, 1892No. 11,397Published

Franz E. Behrmann died on September 19, 1891, and on October 23, 1891, Isaac Hecht, then president of the General German Benevolent Society, was appointed executor of his last will. On March 2, 1892, the executor filed a petition for distribution wherein he requested the Court to construe the clause of the will separately set forth in the opinion of the court.

1Opinion of the CourtCoffey, J.

The contention here is upon the construction of a single clause in the will.

Do the children there named take $500 each, Or $500 divided between them, under the clause in the will:

to each

“And $500 (five hundred dollars) in equal parts, to Anna and Christina and Heinrich Behrmann, the other children of Hans Heinrich Behrmann, payable when the youngest, Heinrich, is 21 years old, with interest.”

The will is olographic, written in the German language with pencil, with erasures and interlineations in penciling of different colors, and with an original date erased and a subsequent one interlined. A…

2Cases cited9 opinions

  1. Mitchell v. DonohueCalifornia Supreme Court · 1893
  2. Gilmor's EstateSupreme Court of Pennsylvania · 1893
  3. In re Estate of CallaghanCalifornia Supreme Court · 1898
  4. In re the Estate of WoodCalifornia Supreme Court · 1868
  5. Dickison v. DickisonIllinois Supreme Court · 1891

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